Free Legal Advice Is Available for Domestic Violence Survivors Involved in a Custody Battle

By Tonya Sams

Family turmoil can be difficult to manage, and a custody battle can add even more strain. If your case goes before the court, it’s important to understand what to expect.

The most common custody cases involve both parents, and the court’s primary goal is to create a parenting plan focused on the child’s best interests. Generally, there are two types of plans: residential parenting and shared parenting.

Several roles or responsibilities may be assigned by the court (or agreed upon by both parents). For instance, the designation of "residential parent" can sometimes be limited to decisions like choosing the child’s school district. In other cases, it may include broader rights, such as making choices about healthcare and extracurricular activities.

“Something less than a 50/50 split is considered shared parenting time, and that's more typical,” explains Andrea Gonzalez-Burton, Senior Attorney in the Family Law Practice Group at The Legal Aid Society of Cleveland.

The court determines the appropriate custody plan by considering multiple factors beyond Ohio law alone. Input from child advocates, mental health professionals, psychologists, and parents is carefully weighed. Often, a thorough review of the family’s background is essential to ensure the child’s safety and well-being.

In some cases, a child may be appointed a Court Appointed Special Advocate (CASA) or an attorney called a guardian ad litem. Both roles serve the child’s best interests, and sometimes an additional guardian ad litem is appointed to represent the child’s personal wishes.

“Occasionally, a child’s desires may differ from what’s in their best interest,” Andrea said. “In unique cases, especially with older teens, the child might become a party to the case so that their wishes can be considered, though this is rare. Ultimately, it is up to the judge to decide what parenting time will look like.”

Even in cases involving domestic violence, the court generally believes a child should still have the opportunity to build a healthy relationship with both parents. To prevent any risk to the child, structured guidelines are put in place during visitations or custody exchanges. For example, drop-offs might be arranged in public places, at a police or fire station, or via school transfers, where each parent takes turns picking up or dropping off at the school.

Andrea emphasizes that custody cases are not about “winning” or “losing” in the traditional sense.

“Winning means being able to see your child in a therapeutically appropriate setting with safe, healthy behaviors. That’s the only standard of winning that we recognize.”

Are you a victim of domestic violence and involved in a custody case?  Legal Aid may be able to help! To apply for assistance, call 888-817-3777, or complete an online intake 24/7 at lasclev.org.

Published in The Lakewood Observer: Free Legal Advice Is Available for Domestic Violence Survivors Involved in a Custody Battle